(a) Applicability of Certain Federal Rules of Civil Procedure and District Court Local Rules. Fed. R. Civ. P. 38, 39, 47-51, and 81(c) (insofar as applicable to jury trials) and Local Rules W.D. Wash. LCR 38, 47, 51, apply in cases and proceedings.

(b) Demand for Jury Trial. Where a jury trial is demanded as permitted by Fed.R.Civ.P.38, said demand shall be made, whether or not also made in a pleading, in a separate document entitled “Demand for Jury Trial” and be filed

(1) with the notice of removal; or

(2) with a party’s first pleading, or within 30 days of the filing of a notice of removal (pursuant to Fed. R. Bankr. P. 9027 and Local Bankruptcy Rule 9027-1), whichever is earlier.

(c) Consent to Have Trial Conducted by Bankruptcy Judge.

(1) If there is a right to jury trial and a demand under Fed. R. Civ. P. 38(b) is timely filed, the parties shall consent or not (28 U.S.C. § 157(e)) to have the trial conducted by the bankruptcy judge by filing a statement of consent or withholding of consent by the later of the time for answer or reply, if the demand is made in a complaint or cross- or counter-claim, or 21 days after the demand is made.

(2) In any proceeding in which a demand for a jury trial is filed, the bankruptcy judge shall determine whether the party has a right to a jury trial and whether the demand was properly filed. If so, the bankruptcy judge shall preside at the jury trial if all parties consent. If there is no consent, the bankruptcy judge may designate a party to file a motion in accordance with Local Bankruptcy Rule 5011-1 for withdrawal of reference.

(d) No Right Created. This rule does not expand or create any right to jury trial where the right does not otherwise exist.
 

Comment

Adopted by General Order 2013-3 (effective May 1, 2013).

CROSS REFERENCES: See General Order 2013-3 (Notice Regarding Final Adjudication and Consent)